Citation Nr: 21030500
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-38 556
DATE: May 19, 2021

REMANDED

Entitlement to service connection for joint pain is remanded.

Entitlement to service connection for a disability manifested by stiffness is remanded.

Entitlement to service connection for right hand numbness is remanded.

Entitlement to service connection for left hand numbness is remanded.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1986 to September 1989 and from November 1990 to September 1991.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision by the Regional Office (RO) of the Department of Veterans Affairs (VA).

The Veteran presented testimony at a Board hearing in March 2021.  A transcript of the hearing is associated with the Veteran's claims folder.

REASONS FOR REMAND

1. Entitlement to service connection for joint pain is remanded.

2. Entitlement to service connection for stiffness is remanded.

3. Entitlement to service connection for right hand numbness is remanded.

4. Entitlement to service connection for left hand numbness is remanded.

Upon review of the claims file, the Board has determined that further development is necessary before the Veteran's claims can be adjudicated.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159.  The Board cannot make a fully informed decision on the Veteran's claims because it is not clear if he has a current diagnosis of chronic fatigue syndrome. 

The Veteran's private medical providers indicate that he may have a current diagnosis of chronic fatigue syndrome and that his idiopathic small fiber neuropathy, insomnia, and chronic fatigue may be part of the same clinical syndrome.  (7/14/2017, Medical Treatment Record, p. 2). 

Service connection may be granted for a Persian Gulf veteran with objective indications of a qualifying chronic disability that manifested either during active service in the Southwest Asia theater of operations or to a degree of 10 percent or more not later than December 31, 2021.  38 U.S.C. § 1117(a)(1); 38 C.F.R. § 3.317(a)(1).  A qualifying chronic disability is a chronic disability that may result from an undiagnosed illness or a medically unexplained chronic multi-symptom illness (MUCMI).  38 C.F.R. § 3.317(a)(2)(i).  MUCMI includes chronic fatigue syndrome.  38 C.F.R. § 3.317(a)(2)(i)(B)(1).  

As it is unclear whether the Veteran has a current diagnosis of chronic fatigue syndrome, the claims must be remanded for further medical development.  As the claims are being remanded, the Veteran should be afforded the opportunity to submit updated private medical records. 

The matters are REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records for the Veteran's disabilities from August 2013 to the present.

2. Ask the Veteran to complete a VA Form 21-4142 for his private treatment providers, to include Texas Neurology.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

3. Schedule the Veteran for an examination to determine whether he has a current diagnosis of chronic fatigue syndrome.  Should the examiner conclude that the Veteran does not have a current diagnosis of chronic fatigue syndrome, a thorough explanation addressing why a diagnosis is not warranted should be provided.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Glenn, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.